The subdivision of land is a major factor in the process of sound community growth and ultimately becomes a public responsibility in that roads and streets must be maintained and various public services customary to urban areas must be provided. The welfare of the entire community is thereby affected in many important respects. It is, therefore, to the interest of the public, the developer and the future owners that subdivisions be conceived, designed and developed in accordance with sound rules and proper minimum standards. It is the intent of these regulations to encourage the growth of the City of Fairfield in an orderly manner; and to provide attractive, well-planned, safe and healthful subdivisions with good streets and utilities, and building sites at a fair competitive price under regulations that will be uniform to all.
(1987 Code, sec. 23-1)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any amount not exceeding two hundred dollars ($200.00). A separate offense shall be deemed committed upon each day during or on which such violation occurs or continues.
(1987 Code, sec. 23-2)
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given in this section:
Alley.
An alley is a minor public right-of-way, not intended to provide the primary means of access to abutting lots, which is used primarily for vehicular services access to the back or sides of property otherwise abutting on a public street.
Building setback lines.
The building setback line is a line within a property defining the minimum horizontal distance between a building and the adjacent street line.
Commission.
The commission is the planning and zoning commission of the City of Fairfield.
Cross-walkway.
A cross-walkway is a public right-of-way six (6) feet or more in width between property lines, which provides pedestrian circulation.
Cul-de-sac.
A cul-de-sac is a short, minor street having but one vehicular access to another street and terminated by a vehicular turnaround.
Dead-end street.
A dead-end street is a street, other than a cul-de-sac, with only one outlet.
Design standards.
Subdivision design standards, as referenced in this article, shall mean the City of Fairfield’s subdivision design standards and specifications, together with all tables, drawings and other attachments, hereinafter approved and adopted by the city council of Fairfield, and those standards so adopted shall become a part of this article.
Easement.
A utility or drainage easement is an interest in land granted to the city for installing and maintaining utilities and drainage across, over or under private land, together with the right to enter thereon with machinery and other vehicles necessary for the maintenance of said utilities and drainage.
Lot.
A lot is an undivided tract or parcel of land having frontage on a public street and which is, or in the future may be, offered for sale, conveyance, transfer or improvement; which is designated as a distinct and separate tract; and which is identified by a tract or lot or symbol in a duly approved subdivision plat which has been properly filed of record.
Plat.
A plat is a complete and exact subdivision plan submitted to the commission for approval and which, if approved, will be submitted to the county clerk for recording.
Public right-of-way.
A public right-of-way is a strip of land used or intended to be used, wholly or in part, as a public street, alley, walkway or drain.
Roadway, paving width.
The roadway or paving width is the portion of a street available for vehicular traffic; where curbs are laid, the portion between the faces of curbs.
Shall, may.
The word “shall” is always mandatory, while the word “may” is merely permissive.
Street.
A street is a public right-of-way which provides primary vehicular access to adjacent land, whether designated as a street, highway, thoroughfare, parkway, throughway, avenue, lane, boulevard, road, place, drive or however otherwise designated.
(1) 
Arterial street.
A street used primarily for fast or heavy traffic.
(2) 
Collector street.
A street which carries traffic from the minor streets to the major system or [of] arterial streets and highways, including the principal entrance streets of a residential development, and principal streets for circulation to schools, parks and other community facilities within such a development and including, also, all streets which carry traffic through or adjacent to commercial and industrial areas.
(3) 
Minor street.
A street used primarily for access to abutting residential property.
Subdivider.
A subdivider is any person or any agent thereof, dividing or proposing to divide land so as to constitute a subdivision as that term is defined herein. In any event, the term “subdivider” shall be restricted to include only the owner, equitable owner or authorized agent of such owner or equitable owner of the land sought to be divided.
Subdivision.
A subdivision is the division of any lot, tract or parcel of land into two (2) or more parts for the purpose of sale or building development, or if a new street is involved, any division of a lot, tract or parcel of land. Subdivision includes resubdivision and, when appropriate to the context, relates to the process of subdivision or to the land or area subdivided.
(1987 Code, sec. 23-3)
In the interpretation and application of the provisions hereof, this article shall be deemed to be the minimum requirement adopted by the city council for the protection of the public health, safety and welfare. To protect the public among other purposes, such provisions are intended to provide for a permanent wholesome environment, adequate municipal services and safe streets.
(1987 Code, sec. 23-4)
This article shall not apply to any lot or lots forming a part of a subdivision created and recorded prior to the effective date of this article or any amendments thereto; however, this article shall apply to any resubdivision of an existing subdivision, lot or lots, including thereunder all land within the corporate area of the City of Fairfield or within the extraterritorial jurisdiction of the City of Fairfield, Texas, as is designated by state statute. It is not intended by this article in any way to impair or interfere with private restrictions placed upon property by deeds, covenants or other private agreements, or with restrictive covenants running with the land to which the city is a party. Where this article imposes a greater restriction upon land than is imposed or is required by such existing provision of law, contract or deed, the provisions of this article shall control.
(1987 Code, sec. 23-5)
(a) 
From and after the date of its adoption, this article shall govern all subdivisions of land within the corporate limits of the City of Fairfield and all contiguous unincorporated areas, not a part of any other city, and within one-half mile from the city limits, subject to the laws of the State of Texas. In the event that the distance from the city limits is changed by the Texas legislature, such distance provided for in this article shall thereafter conform to the distance provided by the legislature.
(b) 
Any owner of the land within the limits of said subdivision jurisdiction wishing to subdivide land shall submit to the commission a plat of the subdivision which shall conform to the minimum requirements set forth by these regulations. No plat of a subdivision lying within such territory or part thereof shall be filed or recorded in the office of the county clerk until such subdivision plat shall have been approved by the commission and such approval entered in writing on the final plat in accordance with the provisions of this article. No subdivider shall proceed with the improvements in any subdivision until the final plat and construction plans thereof shall receive approval by the commission.
(1987 Code, sec. 23-6)
All ordinances and parts of ordinances in conflict herewith be and the same are hereby repealed.
(1987 Code, sec. 23-7)
If any section, clause, paragraph, sentence or phrase of this article shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase shall in no way affect the remainder of this article, and it is hereby declared to be the intention of the city council of the City of Fairfield, Texas, that the remainder of this article would have been passed notwithstanding the invalidity or unconstitutionality of any section, clause, paragraph, sentence or phrase thereof.
(1987 Code, sec. 23-8)
(a) 
The city council shall review all recommendations of the commission for expenditures of city funds in cases where the commission should request the dedication of park sites, additional rights-of-way or the construction of storm sewers, channels, sanitary sewers, water mains and streets of a size greater than set out in this article, including the subdivision design standards and specifications.
(b) 
The city council must provide the commission with written approval to require additional facilities of a size greater than set out in this article, including the subdivision design standards and specifications, prior to the start of construction.
(1987 Code, sec. 23-9)
Whereas an emergency is apparent for the immediate preservation of the order, health, safety and general welfare of the public that requires this article to become effective from and after the date of its passage as made and provided by the ordinances of the City of Fairfield, Texas, the same is hereby made effective immediately.
(1987 Code, sec. 23-10)